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United States District Court for the Southern District of Illinois
August 30, 2022, Decided; August 30, 2022, Filed
Case No. 3:21-cv-1099-DWD
MEMORANDUM & ORDER
DUGAN, District Judge:
Plaintiff Donna Burns ("Burns")1 brings this putative class action against Defendant General Mills, Inc. ("General Mills"),2 alleging that General Mills deceptively labelled one of its food products. Burns claims that the labeling was false and intended to deceive the consumer in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act ("ICFA"), 815 ILCS 505/1, et seq.; the Iowa and Arkansas consumer fraud acts; state law express and implied warranties of merchantability and the Magnuson Moss Warranty Act ("MMWA"), 15 U.S.C. §§ 2301, et seq.; and resulted in negligent misrepresentation, common-law fraud, and unjust enrichment.
General Mills filed a motion to dismiss the complaint. (Doc. 17). General Mills contends that the Complaint should be dismissed with prejudice under Rule 12(b)(6) because it fails to plausibly allege facts to support deception under the "reasonable consumer" standard and/or because it is expressly [*2] preempted under 21 U.S.C. § 343-1(a)(3) to the extent that it demands labeling that is not identical to federal requirements. General Mills also contends that the Complaint's request for injunctive relief fails under Rule 12(b)(1) because Burns lacks Article III standing.
The motion has been fully briefed and is ripe for decision. (Docs. 17, 24 & 25).3 For the following reasons, the motion is due to be GRANTED in part.
I. FACTUAL BACKGROUND
General Mills manufactures, labels, markets, and sells a dry mix identified as "Fudge Brownie Mix," under the Betty Crocker brand ("the product"). (Doc. 1, p. 1). The Complaint provides the following images of the product:
(Doc. 1, pp. 1 & 13).
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 156503 *; 2022 WL 3908783
DONNA BURNS, individually and on behalf of all SIMILARLY-SITUATED CITIZENS OF Illinois, Iowa and Arkansas, Plaintiffs, vs. GENERAL MILLS SALES, INC., Defendant.
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